If the high court finds that the regulations banning cigarette sales under the lockdown are unlawful, co-operative governance and traditional affairs minister Nkosazana Dlamini-Zuma has urged that they be referred back to her for “reconsideration”.

“In the event that the court considers the decision-making process to have been flawed, or based on incorrect facts, I submit it would be just and equitable to keep the prohibition in place ... pending a reconsideration, possibly with directions as to the information or factors to be considered,” the minister states in court papers filed in the early hours of Thursday.

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